Appellate Division: Second Judicial Department

M15251

O/sl

DAVID S. RITTER, J.P.

GLORIA GOLDSTEIN

WILLIAM F. MASTRO

REINALDO E. RIVERA, JJ.

2004-00037 Susamma Alias, plaintiff, v Alias K. Olahannan, appellant; Kim M. Rayner, guardian ad litem respondent. (Index No. 625/00)

DECISION & ORDER ON MOTION

Motion by the guardian ad litem for the appellant on an appeal from an order of the Supreme Court, Rockland County, dated November 26, 2003, inter alia, to strike the brief filed by Mary Matthew on behalf of the appellant on the ground that Mary Matthew is not entitled to proceed on behalf of the appellant.

Upon the papers filed in support of the motion and no papers having been filed in opposition or relation thereto, it is

ORDERED that the branch of the motion which is to strike the brief filed by Mary Matthew on behalf of the appellant is denied as academic in light of the decision and order on motion of this court dated July 30, 2004; and it is further,

ORDERED that the motion is otherwise denied.

RITTER, J.P., GOLDSTEIN, MASTRO and RIVERA, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M15233

CF/

2004-04277 Baumann & Sons Buses, Inc., et al., respondents, v Kral, Clerkin, Redmond, Ryan, Perry & Girvan, LLP, appellant. (Index No. 14405/03)

ORDER ON APPLICATION Withdraw Appeal on Stipulation

Appeal from an order of the Supreme Court, Suffolk County, dated April 1, 2004.

Upon the stipulation of the parties, dated July 9, 2004, it is

ORDERED that the appeal is marked withdrawn.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M15213

O/sl

DAVID S. RITTER, J.P.

HOWARD MILLER

SONDRA MILLER

ROBERT A. SPOLZINO, JJ.

2003-11228 Diane Baumann, et al., appellants, v Peter Lemongello, et al., respondents. (Index No. 14831/90)

DECISION & ORDER ON MOTION

Motion by the respondent Nancy Enis to dismiss an appeal from an order of the Supreme Court, Nassau County, dated October 16, 2003, insofar as asserted against her, on the ground, inter alia, that it was untimely taken, or, in the alternative, to enlarge the time to serve and file a brief, and application by the appellants to enlarge the time to perfect the appeal.

Upon the papers filed in support of the motion and the application, and the papers filed in opposition thereto, it is

ORDERED that the branch of the motion which is to dismiss the appeal insofar as asserted against the respondent Nancy Enis on the ground that the appeal was untimely taken is granted and the appeal is dismissed insofar as asserted against the respondent Nancy Enis, without costs or disbursements; and it is further,

ORDERED that the motion is otherwise denied as academic; and it is further,

ORDERED that the application is granted; and it is further,

ORDERED that the appellants' time to perfect the appeal is enlarged until September 27, 2004, and the record or appendix on the appeal and the appellants' brief must be served and filed on or before that date; and it is further,

ORDERED that no further enlargements of time shall be granted.

RITTER, J.P., H. MILLER, S. MILLER and SPOLZINO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M15234

CF/

2004-03784 Lorraine Campbell, respondent, v Hassan Tayara, appellant. (Index No. 1464/02)

ORDER ON APPLICATION Withdraw Appeal on Stipulation

Appeal from an order of the Supreme Court, Kings County, dated March 29, 2004.

Upon the stipulation of the parties, dated August 11, 2004, it is

ORDERED that the appeal is marked withdrawn.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M15222

S/sl

2004-02646 Salvatore J. Catapano, etc., appellant, v Winthrop University Hospital, respondent. (Index No. 11396/02)

ORDER ON APPLICATION

Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Nassau County, dated January 23, 2004.

ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until November 8, 2004, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M15231

CF/

2004-03679 Christopher Cella, respondent, v Riverhead Building Supply Corp., et al., appellants. (Index No. 5318/02)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellants to withdraw an appeal from an order of the Supreme Court, Suffolk County, dated March 25, 2004.

Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the application is granted and the appeal is marked withdrawn.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M15252

O/sl

DAVID S. RITTER, J.P.

GLORIA GOLDSTEIN

WILLIAM F. MASTRO

REINALDO E. RIVERA, JJ.

2003-09477 Bennett A. Cohen, appellant, v Wallace & Minchenberg, et al., respondents. (Index No. 29307/02)

DECISION & ORDER ON MOTION

Motion by the appellant pro se for leave to proceed on the original papers and to waive the filing fee on an appeal from an order of the Supreme Court, Kings County, dated September 4, 2003.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the motion is denied; and it is further,

ORDERED that on the court's own motion, the appellant's time to perfect the appeal is enlarged until September 27, 2004, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date; and it is further,

ORDERED that no further enlargements of time shall be granted.

RITTER, J.P., GOLDSTEIN, MASTRO and RIVERA, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M15221

PL/sl

2004-01760 John K. Crossman, et al., appellants, v John Zappia, et al., respondents. (Index No. 17236/02)

ORDER ON APPLICATION

Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Westchester County, dated January 26, 2004.

ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until October 26, 2004, and the record or appendix on the appeal and the appellants' brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M15235

O/sl

DAVID S. RITTER, J.P.

GLORIA GOLDSTEIN

WILLIAM F. MASTRO

REINALDO E. RIVERA, JJ.

2004-03934, 2004-03935 Shaun Daniels, respondent, v Bovis Lend Lease, Inc., et al., appellants. (Index No. 28320/03)

DECISION & ORDER ON MOTION

Motion by the appellants on appeals from two orders of the Supreme Court, Queens County, dated March 25, 2004, and March 31, 2004, respectively, to stay an inquest on damages in the above-entitled action pending hearing and determination of the appeals.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the motion is denied.

RITTER, J.P., GOLDSTEIN, MASTRO and RIVERA, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M15263

CF/

2004-05130 David Darby, appellant, v Jennifer Darby, respondent. (Index No. 45384/03)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from an order of the Supreme Court, Kings County, dated May 10, 2004.

Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the application is granted and the appeal is marked withdrawn.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M15224

PL/sl

2004-01871 David Diamond, et al., appellants, v Adrian DiLuzio, et al., respondents. (Index No. 4266/01)

ORDER ON APPLICATION

Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Nassau County, dated December 24, 2003.

ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until November 1, 2004, and the record or appendix on the appeal and the appellants' brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M15261

CF/

2004-01811 Mario Garzon, et al., respondents, v 605 Third Avenue, LLC, et al., appellants. (Index No. 19720/00)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellants to withdraw an appeal from an order of the Supreme Court, Queens County, dated February 2, 2004.

Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the application is granted and the appeal is marked withdrawn.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M15239

O/sl

DAVID S. RITTER, J.P.

GLORIA GOLDSTEIN

WILLIAM F. MASTRO

REINALDO E. RIVERA, JJ.

2004-02327 Niveen Hanna, respondent, v Magdy Hanna, appellant. (Index No. 5541/01)

DECISION & ORDER ON MOTION

Appeal by Magdy Hanna from a judgment of the Supreme Court, Richmond County, dated December 11, 2003. By order to show cause dated July 22, 2004, the parties or their attorneys were directed to show cause before this court why an order should or should not be made and entered dismissing the appeal in the above-entitled proceeding for failure to comply with a scheduling order dated June 10, 2004, issued pursuant to 22 NYCRR 670.4(a).

Now, on the court's own motion, and no papers having been filed in response to the order to show cause, it is

ORDERED that the appeal is dismissed, without costs or disbursements, for failure to comply with the scheduling order dated June 10, 2004 (see 22 NYCRR 670.4[a][5]).

RITTER, J.P., GOLDSTEIN, MASTRO and RIVERA, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M15240

L/

MYRIAM J. ALTMAN, J.P.

ANITA R. FLORIO

WILLIAM F. MASTRO

STEVEN W. FISHER, JJ.

2003-07157 Laura McDonald Hesse, etc., et al., respondents, v Rockland County Legislature, et al., appellants. (Index No. 5244/00)

DECISION & ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellants for leave to withdraw an appeal from an order of the Supreme Court, Rockland County, dated July 28, 2003.

Upon the papers filed in support of the application, and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the application is granted and the appeal is deemed withdrawn, without costs or disbursements.

ALTMAN, J.P., FLORIO, MASTRO and FISHER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M15219

S/sl

2004-01959 Klim Kozinevich, et al., appellants, v Frank J. DeLaurentis, et al., respondents. (Index No. 22625/01)

ORDER ON APPLICATION

Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Kings County, dated February 2, 2004.

ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until September 24, 2004, and the record or appendix on the appeal and the appellants' brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M15236

CF/

2004-03674 LaSalle National Bank, plaintiff-respondent, v Clifford Roberts, et al., defendants; Larry Standdard, et al., nonparty-appellants. (Index No. 27511/01)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellants to withdraw an appeal from an order of the Supreme Court, Suffolk County, dated March 2, 2004.

Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the application is granted and the appeal is marked withdrawn.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M15227

O/sl

ANITA R. FLORIO, J.P.

SONDRA MILLER

DANIEL F. LUCIANO

REINALDO E. RIVERA, JJ.

2004-04979 Samuel Lorin, appellant, v 32 AA Associates, LLC, defendant third-party plaintiff-respondent; ADCO Electrical Corp., third-party defendant-respondent. (Index No. 30772/01)

DECISION & ORDER ON MOTION

Separate motions by the respondents to dismiss an appeal from an order of the Supreme Court, Kings County, dated April 15, 2004, on the ground that the notice of appeal was untimely served.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the motions are denied.

FLORIO, J.P., S. MILLER, LUCIANO and RIVERA, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M15199

PL/sl

2004-01663 Santos Martinez, respondent, v Max Berkovitz, et al., defendants, Arthur Baer, etc., appellant. (Index No. 14479/02)

ORDER ON APPLICATION

Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Nassau County, dated January 6, 2004.

ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until October 19, 2004, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M15249

J/sl

2004-01117, 2004-03474 John McCormack, et al., respondents, v Universal Carpet & Upholstery Cleaners, defendant-respondent-appellant, VF Properties LLC, defendant third-party plaintiff-respondent-appellant; Montauk Rug & Carpet, third-party defendant-appellant-respondent. (Index No. 7459/01)

ORDER ON APPLICATION

Application by the appellant-respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect appeals from two orders of the Supreme Court, Suffolk County, dated January 6, 2004, and March 30, 2004, respectively.

ORDERED that the application is granted and the joint record and the appellant-respondent's brief which were submitted to the Clerk of this court, are accepted for filing.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M15217

S/sl

2004-02251 Grace McCoy, respondent-appellant, v John A. Scailes, etc., et al., appellants- respondents. (Index No. 18127/99)

ORDER ON APPLICATION

Application by the appellants-respondents pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Queens County, dated January 20, 2004.

ORDERED that the application is granted and the appellants-respondents' time to perfect the appeal is enlarged until November 9, 2004, and the joint record or appendix on the appeal and the appellants-respondents' brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M15218

PL/sl

2004-01999 Linda Moccia, et al., appellants, v Dennis Sungho Chi, et al., respondents. (Index No. 11351/01)

ORDER ON APPLICATION

Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from a judgment of the Supreme Court, Richmond County, dated January 29, 2004.

ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until September 24, 2004, and the record or appendix on the appeal and the appellants' brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M15237

CF/

2004-02980 Walter Montgomery, et al., respondents, v Howard Mitchell Investors, Inc., appellant. (Index No. 17339/03)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from an order of the Supreme Court, Nassau County, dated March 2, 2004.

Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the application is granted and the appeal is marked withdrawn.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M15220

S/sl

2004-03125 Muller Associates, LLC, appellant, v Robert J. Malang, Jr., et al., respondents. (Index No. 20119/00)

ORDER ON APPLICATION

Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Westchester County, dated March 16, 2004.

ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until November 29, 2004, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M15229

CF/

2004-04781 Milton Munroe, respondent, v Nepera Chemical Co., Inc., appellant. (Index No. 2901/00)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from an order of the Supreme Court, Orange County, dated April 16, 2004.

Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the application is granted and the appeal is marked withdrawn.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M15250

J/sl

2003-09858 Pacific Indemnity Company, plaintiff, v Richard Koskey, et al., respondents, Melinda J. Parsons, appellant, et al., defendants. (Index No. 4232/02)

ORDER ON APPLICATION

Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a reply brief on an appeal from an order of the Supreme Court, Dutchess County, dated September 30, 2003.

ORDERED that the application is granted and the reply brief shall be served and filed on or before August 30, 2004.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M15201

PL/sl

2004-01775 Joseph Riccardi, et al., appellants, v City Wide Transit, Inc., d/b/a Atlas Bus Lines, et al., respondents. (Index No. 17546/02)

ORDER ON APPLICATION

Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Queens County, dated January 15, 2004.

ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until October 26, 2004, and the record or appendix on the appeal and the appellants' brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M15223

S/sl

2003-10615 Jovan Rodriguez, et al., respondents, v Booth Memorial Medical Center, et al., appellants, et al., defendants. (Index No. 10645/89)

ORDER ON APPLICATION

Application by the respondents pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from an order of the Supreme Court, Queens County, dated September 29, 2003.

ORDERED that the application is granted and the respondents' time to serve and file a brief is enlarged until September 8, 2004, and the respondents' brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M15189

O/sl

A. GAIL PRUDENTI, P.J.

ROBERT W. SCHMIDT

BARRY A. COZIER

ROBERT A. LIFSON, JJ.

2003-07855 Chong Suk Rose, etc., appellant, v State of New York, respondent. (Claim No. 89930)

DECISION & ORDER ON MOTION

Motion by the appellant to enlarge the time to perfect an appeal from a judgment of the Court of Claims, dated August 5, 2003.

Upon the papers filed in support of the motion and the papers filed in relation thereto, it is

ORDERED that the motion is granted; and it is further,

ORDERED that the appellant's time to perfect the appeal is enlarged until September 27, 2004, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date; and it is further,

ORDERED that no further enlargements of time shall be granted.

PRUDENTI, P.J., SCHMIDT, COZIER and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M15216

PL/sl

2004-06802 Silvio Santos, et al., respondents, v Intown Associates, et al., appellants. (Index No. 14206/02)

ORDER ON APPLICATION

Application by the respondents pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from an order of the Supreme Court, Westchester County, dated July 28, 2004.

ORDERED that the application is granted and the respondents' time to serve and file a brief is enlarged until October 12, 2004, and the respondents' brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M15248

S/sl

FRED T. SANTUCCI, J.P.

GLORIA GOLDSTEIN

ROBERT W. SCHMIDT

BARRY A. COZIER, JJ.

2004-03662 Su Zhen Li, et al., appellants, v Duane Reade, Inc., respondent. (Index No. 25014/00)

ORDER TO SHOW CAUSE

Appeal by the plaintiffs from an order of the Supreme Court, Queens County, dated April 12, 2004. This court noticed the matter for a CAMP conference and counsel for the appellants failed to appear at the conference without excuse. By order to show cause dated July 7, 2004, the counsel for the appellants was directed to show cause before this court why an order should or should not be entered dismissing the appeal or imposing such other sanction as the court may deem appropriate pursuant to 22 NYCRR 670.4(b)(2).

Now, on the court's own motion, and no papers having been filed in response to the order to show cause, it is

ORDERED that within 20 days of service of a copy of this decision and order on motion, the law firm of Ioannou & Associates, the attorney for the appellants is directed to pay a sanction in the sum of $750 to the Lawyers' Fund for Client Protection of the State of New York; and it is further,

ORDERED that the Clerk of this court, or his designee, is directed to serve the parties with a copy of this decision and order on motion; and it is further,

ORDERED that within 10 days after payment of the sanction, counsel for the appellants shall file proof of payment with the Clerk of this court.

SANTUCCI, J.P., GOLDSTEIN, SCHMIDT and COZIER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M15212

PL/sl

2003-11100 University of Pennsylvania, appellant, v Larry Farkas, respondent. (Index No. 8499/95)

ORDER ON APPLICATION

Application by the respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from an order of the Supreme Court, Nassau County, dated June 10, 2003.

ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until September 22, 2004, and the respondent's brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M15232

CF/

2004-02809 Domingo Valerio, appellant, v Zhen Shun Ke, et al., respondents. (Index No. 17732/01)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from an order of the Supreme Court, Queens County, dated November 21, 2003.

Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the application is granted and the appeal is marked withdrawn.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M15198

E/sl

DAVID S. RITTER, J.P.

GLORIA GOLDSTEIN

THOMAS A. ADAMS

WILLIAM F. MASTRO, JJ.

2004-06839 Anne Ziegler, respondent, v Abdulnasser Ahmed, et al., appellants, et al., defendants. (Index No. 42478/00)

DECISION & ORDER ON MOTION

Motion by the appellants on an appeal from an order of the Supreme Court, Kings County, dated July 20, 2004, to stay the entry or enforcement of a judgment in the above-entitled action pending hearing and determination of the appeal.

Upon the papers filed in support of the motion and the papers filed in opposition and relation thereto, it is

ORDERED that the motion is granted and the entry or enforcement of a judgment in the above-entitled action is stayed pending hearing and determination of the appeal.

RITTER, J.P., GOLDSTEIN, ADAMS and MASTRO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M15268

CF/

2004-01989 In the Matter of Steven B. (Anonymous), appellant. (Docket No. D-24723/03)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from an order of the Family Court, Kings County, dated February 9, 2004.

Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the application is granted and the appeal is marked withdrawn.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M15204

CF/

2004-04774 In the Matter of Ibrahima Barry, appellant, v Fatoumata Bah, respondent. (Docket No. V-3387-04)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from an order of the Family Court, Kings County, dated May 6, 2004.

Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the application is granted and the appeal is marked withdrawn.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M15230

CF/

2004-04023 In the Matter of David Biunno, appellant, v Francis Biunno, respondent. (Docket No. F-3371-03)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from an order of the Family Court, Orange County, dated April 22, 2004.

Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the application is granted and the appeal is marked withdrawn.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M15260

CF/

2004-04007 In the Matter of Cadle Company, respondent, v Michael S. Puntillo, et al., appellants. (Index No. 13450/03)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellants to withdraw an appeal from an order of the Supreme Court, Nassau County, dated March 31, 2004.

Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the application is granted and the appeal is marked withdrawn.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M15205

CF/

2004-04494 In the Matter of Garfield Chance, respondent, v Sherrie Madoo, appellant. (Docket No. V-14483-04)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from an order of the Family Court, Kings County, dated May 21, 2004.

Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the application is granted and the appeal is marked withdrawn.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M15269

CF/

2004-00685 In the Matter of Thomas A. Greco, appellant, v Susan L. Greco, respondent. (Docket No. V-15123-02)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from an order of the Family Court, Nassau County, dated December 1, 2004.

Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the application is granted and the appeal is marked withdrawn.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M15207

E/sl

DAVID S. RITTER, J.P.

GLORIA GOLDSTEIN

WILLIAM F. MASTRO

REINALDO E. RIVERA, JJ.

2004-04021 In the Matter of Nicholas C. Hoffman, appellant, v Theresa Debello-Teheny, respondent. (Docket No. F-011361-03)

DECISION & ORDER ON MOTION

Motion by the respondent on an appeal from an order of the Family Court, Suffolk County, dated March 22, 2004, to stay enforcement of an order of the same court dated June 22, 2004.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the motion is denied as academic as the appeal was withdrawn by order on application of this court dated August 23, 2004.

RITTER, J.P., GOLDSTEIN, MASTRO and RIVERA, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M15228

CF/

2004-05877 In the Matter of Theresa M. (Anonymous). Administration for Children's Services, respondent; Robert M. (Anonymous), appellant. In the Matter of Robert M. (Anonymous). Administration for Children's Services, respondent; Robert M. (Anonymous), appellant. (Docket Nos. N-15216-03, N-15217-03)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from an order of the Family Court, Suffolk County, dated May 25, 2004.

Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the application is granted and the appeal is marked withdrawn.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M15226

S/sl

DAVID S. RITTER, J.P.

GLORIA GOLDSTEIN

WILLIAM F. MASTRO

REINALDO E. RIVERA, JJ.

2003-10536 In the Matter of Frank A. Monzon, appellant, v Lori Zaikowski, respondent. (Docket No. V-1859/98)

DECISION & ORDER ON APPLICATION

Application by the appellant pursuant to 22 NYCRR 670.4(a)(3) to enlarge the time to perfect an appeal from an order of the Family Court, Suffolk County, dated November 3, 2003.

Upon the papers filed in support of the application and no papers having been filed in opposition thereto, it is

ORDERED that the application is granted and the appellant's time to perfect the appeal by causing the original papers constituting the record on the appeal to be filed in the office of the Clerk of this court (see 22 NYCRR 670.9[d][2]) and by serving and filing his brief on the appeal is enlarged until September 7, 2004; and it is further,

ORDERED that no further enlargements of time shall be granted.

RITTER, J.P., GOLDSTEIN, MASTRO, and RIVERA, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M15255

S/sl

DAVID S. RITTER, J.P.

HOWARD MILLER

SONDRA MILLER

ROBERT A. SPOLZINO, JJ.

2004-01997 In the Matter of Kathleen O'Shea, appellant, v Edward F. Parker, III, respondent. (Docket No. V-09075/02)

DECISION & ORDER ON MOTION

On the court's own motion, it is

ORDERED that its decision and order on motion dated August 19, 2004, in the above-entitled matter is recalled and vacated, and the following decision and order is substituted therefor:

Motion by the respondent on an appeal from an order of the Family Court, Queens County, dated February 6, 2004, inter alia, to dismiss the appeal on the ground that the appellant did not settle the transcript of the minutes of the proceedings.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the motion is granted to the extent that on or before October 19, 2004, the appellant shall obtain, settle, and file with the Clerk of this court, the transcript of the minutes of the proceedings, in the above entitled matter; and it is further,

 ORDERED that the motion is otherwise denied.

RITTER, J.P., H. MILLER, S. MILLER and SPOLZINO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M15225

S/sl

DAVID S. RITTER, J.P.

GLORIA GOLDSTEIN

WILLIAM F. MASTRO,

REINALDO E. RIVERA, JJ.

2004-00884 In the Matter of Anthony O. (Anonymous). Westchester County Department of Social Services, respondent; Lillian O. (Anonymous), appellant. (Proceeding No. 1) (Docket No. N-101-02) In the Matter of Nicholas K. (Anonymous). Westchester County Department of Social Services, respondent; Lillian O. (Anonymous), appellant. (Proceeding No. 2) (Docket No. N-102-02) In the Matter of Tabitha K. (Anonymous). Westchester County Department of Social Services, respondent; Lillian O. (Anonymous), appellant. (Proceeding No. 3) (Docket No. N-103-02)

DECISION & ORDER ON APPLICATION

Application by the appellant pursuant to 22 NYCRR 670.4(a)(3) to enlarge the time to perfect an appeal from an order of the Family Court, Westchester County, dated December 29, 2003.

Upon the papers filed in support of the application and no papers having been filed in opposition thereto, it is

ORDERED that the application is granted and the appellant's time to perfect the appeal by causing the original papers constituting the record on the appeal to be filed in the office of the Clerk of this court (see 22 NYCRR 670.9[d][2]) and by serving and filing his brief on the appeal is enlarged until October 1, 2004; and it is further,

ORDERED that no further enlargements of time shall be granted.

RITTER, J.P., GOLDSTEIN, MASTRO, and RIVERA, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M15211

F/

DAVID S. RITTER, J.P.

GLORIA GOLDSTEIN

WILLIAM F. MASTRO

REINALDO E. RIVERA, JJ.

2004-02104 In the Matter of Marianna Rosato, respondent, v Mark Rosato, appellant. (Docket No. F-722-97)

DECISION & ORDER ON MOTION Motion for Poor Person Relief and to Assign New Counsel Family Court

Motion by the appellant pro se for leave to prosecute an appeal from an order of the Family Court, Rockland County, dated February 16, 2004, as a poor person, and for the assignment of counsel.

Upon the papers filed in support of the motion and no papers having been filed in opposition or relation thereto, it is

ORDERED that the motion is granted; and it is further,

ORDERED that the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the briefs of the appellant, the respondent, and the Law Guardian, if any. The parties are directed to file nine copies of their respective briefs and to serve one copy on each other (22 NYCRR 670.9[d][1][ii]; Family Ct Act § 1116); and it is further,

ORDERED that the stenographer(s) and/or the transcription service(s) is/are required promptly to make and certify two transcripts of the proceedings, if any, except for those minutes previously transcribed and certified (22 NYCRR 671.9); in the case of stenographers, both transcripts shall be filed with the clerk of the Family Court, and the clerk of the Family Court shall furnish one of such certified transcripts to the appellant's counsel, without charge; in the case of transcription services, one transcript shall be filed with the clerk of the Family Court and one transcript shall be delivered to the assigned counsel. Assigned counsel is directed to provide copies of said transcripts to all of the other parties to the appeal, including the Law Guardian, if any, when counsel serves the appellant's brief upon those parties; and it is further,

ORDERED that pursuant to Family Court Act § 1120 the following named attorney is assigned as counsel to prosecute the appeal:

Ann Gilleece, Esq.

399 Knollwood Road - Suite 207

White Plains, New York 10603

(914) 761-0060

and it is further,

ORDERED that the assigned counsel shall prosecute the appeal expeditiously in accordance with any scheduling order or orders issued pursuant to § 670.4(a) of the rules of this court (22 NYCRR 670.4[a]); and it is further,

ORDERED that assigned counsel is directed to serve a copy of this order upon the clerk of the court from which the appeal is taken.

RITTER, J.P., GOLDSTEIN, MASTRO, and RIVERA, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M15210

PL/sl

2003-09409, 2004-01514, 2004-05236 In the Matter of Adam T. Smiler, respondent, v Board of Education, a/k/a Department of Education, et al., appellants. (Index No. 16012/03)

ORDER ON APPLICATION

Application by the respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on appeals from three orders of the Supreme Court, Kings County, dated September 3, 2003, January 13, 2004, and February 25, 2004.

ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until September 24, 2004, and the respondent's brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M15214

F/

DAVID S. RITTER, J.P.

GLORIA GOLDSTEIN

WILLIAM F. MASTRO

REINALDO E. RIVERA, JJ.

2004-01019 In the Matter of Curtis Vann, respondent, v Jennifer Vann, appellant. (Docket Nos. V-5451-03, V-5452-03)

DECISION & ORDER ON MOTION Motion by Counsel to be Relieved

Motion by the Law Guardian to be relieved of an assignment to represent the children on an appeal from an order of the Family Court, Orange County, dated December 17, 2003.

Upon the papers filed in support of the motion and no papers having been filed in opposition to or in relation thereto, it is

ORDERED that the motion is granted, and the Law Guardian, Michelle Stevenson, Children's Rights Society, Inc., 213 West Main Street, P.O. Box 1002, Goshen, New York 10924, is directed to turn over all papers in the action to the new Law Guardian herein assigned; and it is further,

ORDERED that pursuant to Family Court Act § 1120, the following named attorney is assigned as Law Guardian to represent the children:

Henry J. Neale, Jr., Esq.

222 Mamaroneck Avenue

White Plains, New York 10605

(914) 997-7575

RITTER, J.P., GOLDSTEIN, MASTRO and RIVERA, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M15187

O/sl

MYRIAM J. ALTMAN, J.P.

GABRIEL M. KRAUSMAN

ROBERT A. SPOLZINO

PETER B. SKELOS, JJ.

2003-04296 The People, etc., respondent, v Edward Brown, appellant. (Ind. No. 326/01)

DECISION & ORDER ON MOTION

Motion by the appellant for an order of this court, inter alia, releasing any and all minutes of the testimony of Christine Ellis and David Ehrhart before the Grand Jury, and the People's instructions to the Grand Jury, in regard to an appeal from a judgment of the Supreme Court, Queens County, rendered April 21, 2003.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the motion is referred to the panel that is assigned to hear the appeal, to be determined after an in camera review of the minutes in question; and it is further,

ORDERED that the District Attorney shall file the Grand Jury minutes in question with the Clerk of this Court, and those minutes shall remain sealed upon delivery; and it is further,

ORDERED that the motion is otherwise denied; and it is further,

ORDERED that on the court's own motion, the appellant's time to serve and file his supplemental brief is enlarged until October 12, 2004, and the supplemental brief shall be served and filed on or before that date.

ALTMAN, J.P., KRAUSMAN, SPOLZINO and SKELOS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M15202

E/sl

DAVID S. RITTER, J.P.

GLORIA GOLDSTEIN

WILLIAM F. MASTRO

REINALDO E. RIVERA, JJ.

2001-05312 The People, etc., respondent, v Christopher Conley, appellant. (Ind. No. 583/00)

DECISION & ORDER ON MOTION

Motion by the appellant pro se for leave to serve and file a supplemental reply brief on an appeal from a judgment of the County Court, Suffolk County, rendered May 30, 2001.

Upon the papers filed in support of the motion and the papers filed in relation thereto, it is

ORDERED that the motion is denied.

RITTER, J.P., GOLDSTEIN, MASTRO and RIVERA, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M15238

A/sl

A. GAIL PRUDENTI, P.J.

ROBERT W. SCHMIDT

BARRY A. COZIER

ROBERT A. LIFSON, JJ.

2003-02397 The People, etc., respondent, v Aaron Ferguson, appellant. (Ind. No. 2142/01)

DECISION & ORDER ON MOTION

Motion by the respondent to enlarge the time to serve and file a brief on an appeal from a judgment of the Supreme Court, Queens County, rendered February 25, 2003.

Upon the papers filed in support of the motion and no papers having been filed in opposition or relation thereto, it is

ORDERED that the motion is granted; and it is further,

ORDERED that the respondent's time to serve and file a brief is enlarged until September 24, 2004, and the respondent's brief must be served and filed on or before that date.

PRUDENTI, P.J., SCHMIDT, COZIER and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M15215

F/

DAVID S. RITTER, J.P.

GLORIA GOLDSTEIN

WILLIAM F. MASTRO

REINALDO E. RIVERA, JJ.

2004-02458 The People, etc., respondent, v Richard Garcia, appellant. (Ind. No. 1791-02)

DECISION & ORDER ON MOTION

Renewed motion by the appellant pro se on an appeal from a judgment of the County Court, Suffolk County, rendered September 4, 2003, for leave to prosecute the appeal as a poor person, and for the assignment of counsel.

Upon the papers filed in support of the motion and the papers filed in relation thereto, it is

ORDERED that the motion is denied, with leave to renew upon proper papers, including the appellant's affidavit setting forth, the amount and source of counsel fees paid to retained counsel, or submission of proof that counsel was assigned.

RITTER, J.P., GOLDSTEIN, MASTRO and RIVERA, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M15209

F/

ANITA R. FLORIO, J.P.

NANCY E. SMITH

HOWARD MILLER

THOMAS A. ADAMS, JJ.

2003-10088 The People, etc., respondent, v Mohammed Rahman, appellant. (Ind. No. 3759/99)

DECISION & ORDER ON MOTION Motion for Poor Person Relief and to Assign Counsel Appeal from Judgment

On the court's own motion, it is

ORDERED that the decision and order on motion in the above-entitled case dated July 29, 2004, is recalled and vacated and the following decision and order on motion is substituted therefore:

Motion by the appellant pro se for leave to prosecute an appeal from a judgment of the Supreme Court, Kings County, rendered September 25, 2003, as a poor person, and for the assignment of counsel.

Upon the papers filed in support of the motion and no papers having been filed in opposition and in relation thereto, it is

ORDERED that the motion is granted; and it is further,

ORDERED that the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the appellant's and the respondent's briefs; the parties are directed to file nine copies of their respective briefs and to serve one copy on each other; and it is further,

ORDERED that the stenographer of the trial court is directed promptly to make, certify, and file two transcripts of the proceedings of any pretrial hearings, of the plea of guilty or of the trial, and of the imposition of sentence in this action, except for those minutes previously transcribed and certified (see 22 NYCRR 671.9); and it is further,

ORDERED that in the event that the case was tried to a conclusion before a jury, the stenographer shall also make, certify, and file two transcripts of the minutes of proceedings during jury selection; and it is further,

ORDERED that the Clerk of the trial court shall furnish one certified transcript of each of the proceedings set forth above to the appellant's counsel, without charge (see CPL 460.70); assigned counsel is directed to turn over those transcripts to the respondent when counsel serves the appellant's brief on the respondent; and it is further,

ORDERED that in the event the stenographer has already prepared a copy of any of the minutes for a codefendant, then the Clerk of the trial court is directed to reproduce a copy thereof for assigned counsel; and it is further,

ORDERED that upon service of a copy of this decision and order upon it, the Department of Probation is hereby authorized and directed to provide assigned counsel with a copy of the presentence report prepared in connection with the defendant's sentencing, including the recommendation sheet and any prior reports on the defendant which are incorporated or referred to in the report; and it is further,

ORDERED that in the event an issue as to the legality, propriety, or excessiveness of the sentence is raised on appeal, or if assigned counsel cites or relies upon the probation report in a brief or motion in any other way, counsel shall provide a complete copy of such report and any attachments to the court and the District Attorney's office prior to the filing of such brief or motion; and it is further,

ORDERED that pursuant to County Law § 722 the following named attorney is assigned as counsel to prosecute the appeal:

Richard Herzfeld, Esq.

555 5th Ave., 14th Floor

New York, New York, 10017

and it is further,

ORDERED that the appellant's time to perfect the appeal is enlarged; assigned counsel shall prosecute the appeal expeditiously in accordance with this court's rules (see 22 NYCRR 670.1, et seq.) and written directions; and it is further,

ORDERED that in the event the file has been sealed, it is hereby unsealed for the limited purpose of allowing assigned counsel or his representative access to the record for the purpose of preparing the appeal; such access shall include permission to copy the papers insofar as they pertain to the appellant; and it is further,

ORDERED that assigned counsel is directed to serve a copy of this order upon the Clerk of the court from which the appeal is taken.

FLORIO, J.P., SMITH, H. MILLER and ADAMS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's address:

238 Forbell Street

Brooklyn, NY 11208